...1) Exclusive Possession a) The Right to Exclude Others, pp 1-38 i) Overview (1) The private landowner’s right to exclude others from his or her land is “one of the most essential sticks in the bundle of rights that are commonly characterized as property. ii) Policy in favor of private property (1) Things held in common are usually neglected (2) There is a fundamental property right that goes beyond monetary damages iii) Property Rights are not Absolute (1) Apply a balancing test of property and societal interest (a) One may trespass to put out a fire (2) Property rights are diminished when others are invited onto land (3) The more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circumcised by the statutory and constitutional rights of those who use it. (4) If property is open to the general public then the First Amendment supercedes property rights on it. (a) These protections are available against unreasonably restrictive or oppressive conduct on the part of private entities that have otherwise assumed a constitutional obligation no to abridge the individual exercise of such freedoms because of public use of their property. (b) The NJ court said that the right of free speech conferred by the state constitution was secure not only from State interference but – under certain conditions – from the interference of an owner of private property even when exercised on that private property. (i) Schmid...
Words: 24978 - Pages: 100
...Much of the confusion that surrounds the wisdom of owning your home versus renting comes from the popular notion that a home should be viewed purely as an investment, the same way you would view a stock, bond, IRA, etc. There's some truth to that notion, but just as stocks, bonds and IRAs differ from one another, one's personal residence is a unique investment "instrument." Here a just a few of the characteristics that make home ownership unique: Owning a home affords a powerful way for you to leverage your capital. The purchase requires a relatively small down payment, yet your return is based on any increase in the total value of your home, amplifying even a seemingly modest rate of appreciation. Thanks to differences in the efficiency of the financial markets versus the real estate market, the purchase of a home offers you opportunities to add value that are not available to you when you purchase stocks or bonds. While you're competing against thousands of savvy investors in the financial markets, you may be competing against a relative handful of potential buyers for a given property. Combine the use of the Internet-based research tools and the services of an ERA real estate professional, and you have the power to be the buyer who finds the motivated seller with the attractively priced property, increasing the likelihood of equity appreciation from the day you move in. If you're an enterprising, creative buyer, put online information resources and the experience of...
Words: 429 - Pages: 2
...SINGLE WINDOW INDIA’S REAL ESTATE • One unfortunate major bottleneck in the growth of real estate industry is the inadequate and under-equipped government/regulatory agencies with overlapping regulatory jurisdiction ‘approving´ Plans. • Efficient regulation starts with a uniform building code and its uniform implementation. Forty-three economies globally have adopted uniform construction rules. Generally, a central authority makes the rules and local authorities implement them. When regulations are not organized and not clearly applied, it leads to confusion for builders and authorities about how to proceed. This often leads to delays and uncertainty • The deteriorating housing affordability is the result of more restrictive land use regulations adopted by governments with insufficient attention to economic fundamentals. It is estimated that out of every Indian rupee invested in housing, Re 0.78 is added to the national GDP. Nevertheless, and in spite of considerable growth, the housing sector remains small and confined to the upper-income population groups. Also, there has been a considerable increase in the value of housing because of restrictive land use regulation, which is a cause of great Financial Crisis. The talk of affordable housing is meaningless if the authorities continue to neglect these issues which are a major contributor to the high real estate prices WHAT IS SINGLE WINDOW? • Single Window Clearances is a One Stop Shop for quick processing and issue...
Words: 512 - Pages: 3
...case: Family sues Liggett in 1983, alleging liability for Rose Cipollone’s death, in violation of several New Jersey consumer protection statutes. After Mr. and Mrs Cipollone’s death, their son and executor of the family estate claimed Liggett was guilty of failing to warn consumers about the hazards of smoking, fraudulently misrepresenting the hazards of smoking, and conspiracy to deprive the public of medical and scientific information about smoking. Liggett (the defendants), contends that the New Jersey statutes are preempted by 2 federal laws; the Federal Cigarette Labeling and Advertising Act of 1965 and the Public Health Cigarette Smoking Act of 1969. Procedural history of the case: On August 1, 1983, Mr. and Mrs. Cipollone file a lawsuit against Ligget group (L&M, Chesterfield, Philip Morris, Lorillard, Virginia Slims, and Parliament), in the district courts of New Jersey, seeking suffering and monetary damages resulting from the lung cancer Mrs. Rose Cipollone's acquired, consequential to smoking cigarettes manufactured by the defendants (Ligget). After Mrs. Cipollone’s death in 1984, Mr. Cipollone became the executor of her estate and sole plaintiff in 1985. Mr. Cipollone died in 1990. His son Thomas then substituted in the role of executor of estate and plaintiff against Liggett for Mrs. Cipollone. (Tobacco Documents Online, 2014). Preemption, according to our textbook, The Legal Environment of Business: A Managerial Approach: Theory to Practice, indirect infringement...
Words: 582 - Pages: 3
...In 2011, the low-cost carrier Tigerair (used to be called Tiger Airways) was accused of altitude breach. Australian Transport Safety Bureau (ATSB) said that the A320 plane “descended to a level below the lowest safe altitude” 1 when it was flying to Melbourne Airport. ATSB final report2 released two years later reveals that the plane was being flown following operational documents which were materially incorrect, increasing the risk of confusion and misunderstanding by flight crews. Consequently, the plane flew over the Leopold housing estates at 400 feet below the safe minimum altitude of 2,000 feet. The main cause was Tigerair inadequate internal safety procedures. The circulation relating to Melbourne airspace structure was incorrect and it was only after this incidence that Tigerair withdrew and revised the documents and implemented additional training programmes for the flight crew. This incidence questions whether the minimal safety checks by internal safety department is ethical or unethical. Undeniably, any safety breach will affect various stakeholders and Tigerair’s ability to achieve its organizational objectives. However, increasing the level of internal safety procedures might inflate cost and put a pressure on the margin. Tigerair’s vision3 is “to remove as much cost as possible from flying, whilst providing a reliable, convenient and safe travel in the Asia-Pacific Region”. As such, increasing cost might hamper Tigerair’s ability to provide low fare flights to...
Words: 1012 - Pages: 5
...Assignment 1: Organizational Analysis JPMorgan Chase & Co. Brandi L. Freilach Dr. Marla Boulter HR 10/30/2013 References: Vince Lombardi Read more at 1.http://www.brainyquote.com/quotes/keywords/organization.html#8Mp1mhOWuk8TTQwJ.99 2. Nicolas Childers, Chase Bank, Project manager in Lake Mary, Florida 3.http://www.hreonline.com/HRE/view/story.jhtml?id=533351239 4.http://www.jpmorganchase.com/corporate/About-JPMC/client-solutions.htm 5.http://www.jpmorganchase.com/corporate/Corporate-Responsibility/corporate-responsibility.htm 6.http://www.reuters.com/finance/stocks/companyProfile?symbol=JPM.N “The achievements of an organization are the results of the combined effort of each individual,” Vince Lombardi. The role of HR departments in organizations is becoming clearer and I will be researching JPMorgan Chase & Co., for this assignment. I will describe JPMorgan Chase & Co., what they do, the customers they serve and their size. Also, within this assignment I will be researching JPMorgan Chase & Co.’s mission statement, while implementing the role that HR plays in fostering the organization’s mission statement. I will be assessing the common HR challenges facing JPMorgan Chase &Co. I will make recommendations for an HR strategy that I would implement in the organization to overcome the challenges assessed. Lastly, I will determine how effective my recommendation would be to making the organization more competitive. JPMorgan Chase & Co., is the name of...
Words: 2786 - Pages: 12
...because it was not in writing. Presenting this defense seems unethical only if there was actually a verbal amendment to the written contract. Otherwise, there may be no ethics issue at all. In my opinion, Winkel should receive the profit-sharing bonus. Dr. Vranich enforced the oral agreement when the higher salary was paid and was not ethical in the decision to not honor the profit-sharing agreement. According to the case file, the jury agreed and awarded Winkel the profit-sharing. After reading the case online, there were many issues at play regarding this written, verbal contract. The best solution would have been for the contract to be properly renegotiated after the departure of the Dr. Quan because this would have eliminated any confusion regarding pay and profit-sharing. Chapter 10 Peter Andrus insured his apartment building through J.C. Durick insurance. Durick insurance notified Andrus that his policy must insure 80% of the property value however Andrus only wanted to insure the remaining balance on...
Words: 1117 - Pages: 5
...Located? 1. A microstate is a state that encompasses a very small land area. 2. Western Sahara (Sahrawi Republic) is not a sovereign state even if it is considered to be by most Africans because Morocco has claimed the territory and even built a 2,700 kilometer wall around the territory. Morocco controls most of the populated are so Western Sahara is not a sovereign state. 3. In 1959 the Antarctic Treaty was signed and it provided legal framework for managing Antarctica. The states were able to establish research stations there for scientific investigations, but no military activities were permitted. 4. By the year 1100 a handful of powerful kings emerged as rulers over large numbers of these European estates. The consolidation of neighboring estates under the unified control of a king formed the basis of the development of a modern Western Europe. 5. Most of the remaining colonies are islands in the Pacific Ocean and Caribbean Sea, Puerto Rico, Pitcairn Island and etc. II. Why Do Boundaries Between States Cause Problems? 6. A boundary is an invisible line that marks the extent of a state's territory. A frontier is a zone separating two states in which neither state exercises political control. 7. The Law of the Sea standardized the territorial limits for most countries at 12 nautical miles. Also, states have the right to fish and other marine life within 200 miles. Countries separated by less than 400 miles of sea must negotiate...
Words: 636 - Pages: 3
...struggling Los Angeles businessman who sells expensive cars for a living. One day he receives word that his father, a man with whom he had not spoken in years, had died back in Cincinnati, Ohio. Charlie returns to his childhood home to take care of his father's property, only to find out that virtually all of his dad's $3,000,000 estate was left to an unnamed person in a 'trust' (A legal document giving property to another person). After doing some investigating, Charlie learns that the trust was for a person who lived in a home for the mentally disabled near his childhood house. While exploring this institution with his girlfriend, Susanna, Charlie makes a nearly unbelievable discovery: The person to whom the trust was given is an autistic man named Raymond Babbitt, who it turns out is Charlie's older brother. Charley had never known he had a brother, for his parents had never told him. In his confusion, anger and greed, Charlie decides to take Raymond back with him. Raymond is probably not prepared to leave the Ohio institution he has lived in his entire life, but Charlie is determined to get what he thinks is his "fair share" of his father's estate. Thus, Charlie decides to fight for legal custody (possession) of...
Words: 610 - Pages: 3
...OB 5602 – Organizational Design Team Case Analysis Jones Lang LaSalle: Reorganizing around the Customer (2005) February 26, 2013 Team 5 Ravi Dawar James Sowers Joe Reinberg The Reorganization in Late 2000 From 1995 to 2005, the U.S. commercial real estate sector had undergone one of the most significant transformations of its history. Globalization led many American companies to seek out firms that could serve their real estate needs both internationally and locally in a consistent and comprehensive manner. They called these firms “integrated, global service providers”. Technological innovation also made the world a smaller place for real estate firms as sharing of information was made easier thanks to the advent of the internet and because of this, physical presence was no longer necessary. This led to a fierce competition between the global and local real estate firms. To differentiate their services, real estate firms started offering bundled service offerings, in which the same firm would perform all the key real estate operations such as leases, management, and construction. Jones Lang LaSalle (JLL) did not have a stronghold in the regional geographies and was not able to compete with the local boutique firms because of missing synergies between its three core business units: The Tenant Representation Group (TRG), Corporate Property Services (CPS), and Project & Development Services (PDS). These three units worked separately...
Words: 2813 - Pages: 12
...The novelty is that it quickly spread around the world to become, in the space of a few decades, a transnational endemic. The extent and volume of counterfeiting would be due to the fact it is produced, many authors (Gessler, 2009, p. 38; Lin, 2011), on an industrial scale. So that it is sometimes difficult to distinguish the true from the false, or the original from the counterfeit. Lin (2011, p.5) underlines this confusion as follows: "what is fake and what is real? '' Who are the creators and who are the imitators? Where does intellectual property begin and where does it end? "What is genuine stuff? '' The quality of counterfeit products look like closer, through industrialization, to the original products. Even the most experienced employees sometimes have difficulty to identify the two types of products on the...
Words: 2257 - Pages: 10
...colleges, shopping malls …etc. Main advantage of using these applications is to reduce manual work and complete work in short time and security of data. E-Property – is an Estate Agent and Property Management System is a user friendly contact and property manager for real estate professionals. Save time and sell more by empowering to easily keep track of leads, manage listings, and market to new prospects. Estate Agent / Property Management System – e-Property is complete end to end solution to cover all aspects of Estate Agent day to day activity and Property buying selling procedure for small and large organization and individuals. The basic objective of developing this project is: * Maintain client details line, contact details, required property details, client preference like home or apartment. * Maintain property details, registration of property for sale includes property address, property description, price, facilities available. * Save immovable property for rent or sale * Provide the goods to the general public * Record owners of the property and allow them to post ads * Save potential clients of the agency * Allow user to search the property depending on his/her choice. * Allow them to have access to contact owners for purchase or rental of real estate. * System has powerful logical access management in place, each user must be identified by login id and strict password policy is applied to secure the system. ACKNOWLEDGEMENT ...
Words: 2318 - Pages: 10
...The name of the case is Drury vs Assisted Living Concepts. The case was filed on August 31, 2011 in the court of appeals of the state of Oregon, and it was taken place at Supreme Court of Oregon on November 11,2011. In this case Eddie Drury is the former personal representative for the Estate of Dorothy J. Drury, Deceased, and the plaintiff, whereas Douglas M Fellows is the personal representative for the Estate of Dorothy J.Drury and he is also the plaintiff’s respondent. On the other hand, Kim Maree Lewis is the defendant in this case, and she is the executive director of Assisted Living Facility. Facts The case study describes about the tragic incident of Dorothy J.Drury, who died from injuries sustained in a fall while living at an...
Words: 789 - Pages: 4
...issues concerning death, we have to protect those who are on the brink of death or terminally ill and can’t speak for themselves, but allowing them to make preparations for the future. Advanced directives makes this possible, defined as legal documents that allow you to convey your decisions about end-of-life care ahead of time. “They provide a way for you to communicate your wishes to family, friends and health care professionals, and to avoid confusion later on.” (http://www.nlm.nih.gov/medlineplus/advancedirectives.html) Given the difficulties that come with making end-of-life decisions, many find those decisions to be unethical or even lawful in a sense. The choices that are made in some cases won’t please everyone and that includes family and close friends or even outsiders who are openly against making these types of choices. A living will can be used in the situation that an individual isn’t able to make life ending decisions on their own, providing a way to communicate your wishes pertaining to your life, to defuse confusion. A power of attorney helps the patient through the process of an advanced directive; many attorneys’ will draft an advanced directive for health care and execute that directive in conjunction with preparing the patients will. If no advance directive is available, someone else may be called upon to make health care...
Words: 1000 - Pages: 4
...speak with the bank about the account, and cannot access it online without assistance from the mortgage holder. While they are paying on the mortgage, they are paying off the balance but the equity they are building belongs to the mortgage holder and there is no guarantee they will ever get it back, even in part. From the viewpoint of the homeowner, they get an increased opportunity to sell their home in a difficult market. However they have the additional responsibility of keeping tabs on the mortgage, which will remain in their name until the new buyers refinance. The situation is not ideal for either party, and in our case and I suspect many other both parties are looking to move immediately. In this situation, the homeowner and real estate agent have found a way around the traditional lease-to-own contract that allows them to keep complete control of the mortgage until the renter (myself and my wife) are able to pay off the...
Words: 1616 - Pages: 7
